S.K.Jain, J. - (1.) Subhash, appellant, was found guilty of having burnt alive his wife Smt. Kamla, by Additional Sessions Judge, Rohtak and he was awarded life sentence under Section 302, I.P.C. Feeling aggrieved against his conviction and sentence, he has come up in appeal.
(2.) Brief facts of the prosecution case are that Smt. Kamla daughter of Day a Singh was married to Subhash-accused 15 years back. 21/2 years after marriage their relations deteriorated and the accused started beating her. She was turned out of her matrimonial house by him whereupon she lived with her parents for two years. But thereafter a settlement having arrived at between them through the good offices of the Panchayat of brotherhood, she rejoined the accused. But unfortunately quarrels were resumed between them. On 10.7.1989, at about 8.00 P.M. accused returned to his house under influence of liquor and started beating his daughter Pinki. Smt. Kamla hid herself inside the Kotha but the accused threatened to kill her also. He sprinkled kerosene oil on her out of a bottle and set her ablaze. The cries of Kamla attracted her mother-in-law. She extinguished the fire by covering her body with a durry and then removed her to the Hospital. On her arrival in Medical College Hospital, Rohtak. Dr. Arun Gera, P.W. 13 sent ruqa Ex. P.T. to the police for making arrangement for recording her statement. Head-Constable Nar Singh moved application Ext. P.H. before Sh. Subhash Goyal Judicial Magistrate 1st Class, Rohtak whereupon he accompanied him to Medical College Hospital, Rohtak. He recorded statement Ext. P.J. of Smt. Kamla. On the basis of the said statement of Smt. Kamla daily dairy report No. 12, Ext. P.E., was recorded at 11.50 A.M. on 11.7.1989 which formed the formal F.I.R. under section 307, I.P.C., Special report was delivered to the learned Ilaqa Magistrate at 7.00 A.M. on 12.7. 1989 at Rohtak. Investigating Officer A.S.I. Nar Singh, P.W. 12, accompanied Smt. Anaro, mother of the accused, from the Hospital to the spot. He had also sent a message to the parent of Kamla. On reaching the spot he got photographs Exts. P1 to P5 taken by Constable Narinder Kumar, police photographer, P.W. 3. The Assistant Sub Inspector inspected the spot and lifted a bottle Ext. P. 11 containing a little quantity of kerosene oil. He also lifted a match box, Ext. P. 12, from there. Three semi burnt clothes namely, two chadars and one cover was also lifted by him from the spot. On 14.7.1989 he arrested the accused.
(3.) Smt. Kamla expired at 10.20 A.M. on 15.7.1989 in Medical College Hospital, Rohtak. Dr. Shiva Mathur, P.W. 1, sent ruqa Ext. P.A. to police post, Medical College Hospital, Rohtak. Sub-Inspector, Gian Chand on receipt of the ruqa regarding the death of Kamla, went to the Ward of the Hospital and prepared inquest report Ext. P.C. He caused the dead body to be sent for post-mortem examination. DDR No. 10 dated 15.7.1989 Ext. P.L. was recorded. On the basis of the said report offence was converted from under section 307, I.P.C. to 302, I.P.C. Dr. A.P. Sharma, P.W. 2, on 16.7.1989 conducted the post-mortem examination on the dead body of Smt. Kamla and found as under: It was a dead body of moderately built and nourished, young female not wearing any clothes, having bandages allover the body except head and neck and having a yellow metal nose pin on left side of nostril. Rigor mortis was present in all four limbs. There were superficial to deep bums all over face, neck front of chest and abdomen neck, both upper and both lower limbs. Scalp and pubic hair were partially burnt. Skin was peeled of at most of places. There was yellowish green slough and unhealthy granulation was present at places. There was red line of demarcation between burnt and healthy areas. The bums were approximate 100% and infected. He opined that the cause of death was shock due to extensive burns and its complications. Bums were ante-mortem and were sufficient to cause death in ordinary course of nature.;